Vakil Yadav @ Kamlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29439 of 2023 Arising Out of PS. Case No.-265 Year-2021 Thana- VIJAYEPUR District- Gopalganj ====================================================== Vakil Yadav @ Kamlesh Yadav, S/o Deena Yadav @ Deenanath Yadav, R/o Village- Koreya, P.S- Vijaipur, Distt.- Gopalganj. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhramveer, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner seeks bail in connection with Bijaipur P.S. Case No.265 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307 and 302 of the Indian Penal Code. The accused/petitioner named in the FIR and is in custody since 15.12.2022.
Allegation against the petitioner is to commit murder of nephew of informant along with other co-accused persons by inflicting knife injuries, where occurrence is arises out of long standing land dispute.
It is submitted by learned counsel that allegation against the petitioner is limited only to hold the deceased, whereas the fatal knife injury alleged to be inflicted specifically
Patna High Court CR. MISC. No.29439 of 2023(3) dt.28-06-2023 2/3 by co-accused Prem Kharwar and Raj Kumar as per the narration of FIR itself. It is submitted that other co-accused person, namely, Rakesh Yadav having more aggravating allegation as to inflict knife injury was granted bail by one of the learned co-ordinate Bench of this Court vide order dated 19.09.2022 passed in Cr. Misc. No.35148 of 2022. It is submitted by learned counsel that only single prosecution witness was examined in this case till now and, as such, trial is a remote aspect as not likely to conclude in near future. While concluding argument, it is submitted that petitioner found involved in two more criminal cases, where he is on bail. Learned APP duly assisted by learned counsel for the informant while opposing the prayer for bail submitted that petitioner actively participated in the occurrence but, fairly conceded that only one charge-sheeted prosecution witness was examined in this case, till now.
In view of the above-mentioned facts and circumstances, as allegation against petitioner is limited to hold the deceased during the course of occurrence, where allegation to cause fatal knife injury is available against other co-accused persons, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 15.12.2022, the
Patna High Court CR. MISC. No.29439 of 2023(3) dt.28-06-2023 3/3 petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gopalganj in connection with Vijaipur P.S. Case No.265 of 2021, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T